HF3405

Purpose

• The bill requires the Bureau of Criminal Apprehension (BCA) Use of Force Investigations Unit to conduct investigations of incidents involving federal agents. It also clarifies definitions and expands duties related to investigations involving peace officers, sexual conduct cases, and potential conflicts of interest.

Key Definitions

• Federal agent: a agent employed directly by the U.S. Department of Homeland Security or by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or U.S. Citizenship and Immigration Services.
• Peace officer: a law enforcement officer as defined in Minnesota law.
• Officer-involved death: the death of a person that results from the use of force by a federal agent or a peace officer, whether on duty or off duty but performing duties within the scope of law enforcement.
• Unit: the independent Use of Force Investigations Unit within the BCA.
• Superintendent: the head of the Bureau of Criminal Apprehension.
• Minnesota National Guard: referenced in the context of cases involving its members.

Main Provisions

• Section 1: Defines terms and clarifies that the Use of Force Investigations Unit is the independent unit within the BCA responsible for these investigations. It also sets out definitions for federal agents, peace officers, officer-involved deaths, and related roles.
• Section 2: Adds specific duties for the Unit:
  • The Unit must investigate all criminal sexual conduct cases involving peace officers or federal agents, including cases involving chief law enforcement officers and incidents where a Minnesota National Guard member is the victim and the accused is a Minnesota National Guard member, when the incident occurred in Minnesota.
  • The Unit must assist another agency investigating a sexual assault of a Minnesota National Guard member by another MN National Guard member if requested, even if the investigation took place outside Minnesota.
  • The Unit may investigate conflict-of-interest cases involving peace officers.

Changes to Existing Law

• Amends Minnesota Statutes 2024 section 299C.80 (subdivisions 1 and 3) to:
  • Establish the Use of Force Investigations Unit as an independent unit with defined duties related to incidents involving federal agents and officer-involved scenarios.
  • Expand the scope of investigations to include criminal sexual conduct cases involving peace officers or federal agents, including situations involving high-ranking officers and Minnesota National Guard members.
  • Allow cross-jurisdictional assistance in sexual assault investigations involving Minnesota National Guard personnel.
  • Permit the Unit to handle potential conflict-of-interest investigations involving peace officers.

Significance and Context

• This bill broadens the scope of the BCA’s Use of Force Investigations Unit to explicitly include investigations involving federal agents and certain sexual conduct and conflict-of-interest cases.
• It formalizes cross-jurisdictional cooperation for MN National Guard-related cases.
• It defines and standardizes terms to support uniform investigations across the state.

Relevant Terms - Use of Force Investigations Unit - Bureau of Criminal Apprehension - Federal agent - Peace officer - Officer-involved death - Criminal sexual conduct - Minnesota National Guard - Chief law enforcement officer - Minnesota Statutes 299C.80 - Subdivision 1 - Subdivision 3 - Independent unit - DHS - ICE - CBP - USCIS